Foreclosure Defense Forms

 

Foreclosure Defense Forms

 

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faq

 

comprehensive-mortgage-audit-revised-7907 Triple AAA Rated and Priced!

wamu-screws-up-and-tries-to-sue-7-years-later

WELLS FARGO DOESN’T CLOSE ON LOAN BUT FORECLOSES ANYWAY!!!

goike-wells-fargo-no-closing-but-foreclosure-anyway

BESIDES THE OBVIOUS “OOPS!”, HERE, LET ME ALSO STATE THAT WE HAVE THREE OTHERS JUST LIKE IT FROM WELLS FARGO AND THERE ARE OTHERS POPPING UP WITH OTHER LENDERS. Here the “borrower” filled out an application and then changed their mind. No Closing, No Note. Note Mortgage. And yet there was an assignment and a note attached. Even those with limited understanding of securitization understand that this is demonstrative proof that they were selling the loans “forward” (as the industry puts it) signing an assignment, and attaching a note in blank, with the signature of the “borrower” forged by a bank employee. WELLS FARGO obviously did not book the loan on its balance sheet or anywhere on its bookkeeping system or financial system, because then there would have been tracks. They proceeded to harass the “borrower” and then file suit in foreclosure, thus clouding the title of the real person who bought the subject house and the real mortgage lender who financed the purchase that actually occurred. Why are the notes gone? Because they have to be gone. If they show up, then the people involved go to jail. Whether the closing occurred or did not occur, in at least 40% of all loan closings 2001-2008, the notes were forged in this manner, the assignments were fraudulent, but the “lender” got paid in full PLUS a fee of 2.5%.

  1. Money and Debt
  2. history-of-credit-crisis
  3. federal-appeal-slams-lawyers-and-pretender-lenders-with-sanctions-for-misrepresentation-on-ownership-of-loan
  4. roseruling20071115-2-federal-district-court-citing-boyco-federal-decision-dismissing-for-standing
  5. mers-beneficial-interest-to-sue-cannot-exist-separately-from-other-beneficial-interests-in-the-note
  6. the-evolution-of-the-subprime-mortgage-market
  7. national-consumer-law-center-warning-to-federal-reserve-in-2006-thorough-discussion-of-improper-practices-although-not-complete
  8. complete-set-of-new-york-state-foreclosure-documents-deutsche-bank-national-trust-queens-case
  9. california-statutes1
  10. ca-complaint-w-rico
  11. michigan-statute-on-postponement-of-sale
  12. Michigan Postponement and Replacement of Trustee Discussed
  13. why-the-lenders-have-a-problem-they-cant-solve-and-how-that-benefits-homeowners
  14. President Jackson Had the Same Fight: Centralized Banking and Political Power
  15. plaintiffs_supp_memo-ohio-davet-case-how-they-will-counterattack

I SUSPECT THAT THE PERSON WHO SIGNED THAT AFFIDAVIT HAD NO PERSONAL KNOWLEDGE OF THE FACTS. You have a right to cross examine witnesses. Demand they produce the signatory and if I am right, then they might retreat.

CNN 2005 Report Shows Pressure on Appraisers — “A train wreck waiting to happen”

Non_judicial sale is probably not the proper procedure where there are equitable and constructive holders in due course. Only Judicial Foreclosure would be available. Motions should be filed appropriately. This will force the “lender” to disclose and plead standing which can be easily challenged. california-statutes

garfield-memo-on-single-transaction-and-step-transaction-doctrine

san-diego-sues-countrywide-officers-directors-mortgage-aggregators-mortgage-brokers-investment-bankers-and-investors1

connecticut-countrywidelawsuit

west-virginia-countrywide-complaint

CITCICORP-MERS ASSIGNMENT ON NON-EXISTENT NOTE

ATTORNEY’S FEES: ATTORNEYS: IF YOU ARE UNABLE TO ACCEPT THE CASE FOR ECONOMIC REASONS PLEASE CONTACT US SO WE CAN TRY TO FIND AN ATTORNEY WHO HAS THE RESOURCES TO DEFEND THE CLIENT AND COLLECT LATER ON CONTINGENCY AND RECOVERY FROM THE LENDER. We have some recommendations for attorneys and their clients. It is important that EVERYONE have access to courts to defend their rights and prosecute their claims. Lawyers should realize that whatever happens in the case, as long as you win on your basic premises, the LENDER is going to be responsible for the fees and costs. Thus Pro Bono work is justified not only because of our responsibility to serve the public, but economically justified because of the high likelihood that you are going to get paid anyway. The res of the recovery is not likely to be less than $10,000-$15,000, will probably average around twice that, plus there is a fair probability that you might eliminate the mortgage and note in their entirety. The value of the res would rise by the amount of the original mortgage. This might require a third party lender giving a much smaller mortgage to the borrower and paying you at that loan closing for your contingency fee. Other arrangements are possible, depending upon the creativity of lawyer and client. Those who have money should be charged a retainer, in our opinion, of around $15,000 which can be paid out over time, plus the contgnency. The form attached here might be a little too high on the contingency because of the retainer.

Putting some pressure on those who claim poverty but who have not been paying their mortgage for months will probably produce the payment, which will cover those for whom you do Pro Bono or reduced fee retainers. Borrowers/Clients must be informed that this is THEIR case and the fact that a lender did not treat them fairly is not the responsibility of the lawyer, who has no obligation to take the case and no obligation to reduce his fees. Both lawyer and client must realize that homestead property is treated very differently than investment property. The suggested retainer is for one property. The results on the homestead property might vary from the results on the investment property. attorney-partial-contingency

ALABAMA SLANDER OF TITLE AND OTHER CAUSES OF ACTION. EXCELLENT PIECE OF WORK: alabama-slander-of-title-etc-amendedcomplaint

California Deed of Trust with Assignment of Rents: ca-deed-of-trust-with-assignments-of-rents

OHIO FEDERAL COMPLAINT: federalcomplaint-ohio

FEDERAL SUMMONS: federal-summons

FEDERAL WAIVER OF SUMMONS: federal-waiver-of-service-of-summons

federal-supplemental-civil-cover-sheet-for-cases-removed-from-another-jurisdiction

EXCELLENT SUBMISSION BY HOUK: florida-motion-to-vacate-judgment

Fannie Mae Guide on Proper Handling, Definitions and Procedures for Selling and Servicing Loans

fnma-guide1

Editor’s Note: Most states reject the servicer as a party with legal standing to foreclose and collect on the note through Judgment. This is especially important in the securitization process where the payments are supplemented or even replaced by third parties including insurance entities and agreements like credit default swaps. While not all loans involve FNMA or Freddie Mac these rules are persuasive as to proper procedure.

MINNESOTA TRO: tro

OHIO MOTION FOR STAY:oh-stayforeclosuresale

OHIO MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR STAY: oh-memosupport

ohio-stay-order

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FLORIDA MOTION FOR EMERGENCY STAY TO APPELLATE COURT: florida-stay-petition-appellate

Florida Emergency Motion to Vacate Judgment delia-frclsrmotionvacatejudgmentv1

motion-to-dismiss-lack-of-standing-florida

florida-m-dismiss-jurisdiction-standing

FLORIDA ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT SHOULD INCLUDE PENALTY ALSO FOR FRIVOLOUS PLEADING

florida-frivolous-57 DEMAND LETTER

florida-motion-for-frivolous-sanctions

AFFIRMATIVE DEFENSE TO LOST NOTE: AFFIRMATIVE DEFENSE TO LOST NOTE

SEE GLOSSARY — MISSING ASSIGNMENTS AND NOTES

Important Memorandum and Decision for supporting argument that mortgage is paid, parsed, or not in default, as well as attacking standing on grounds of champerty and maintenance (NOTE DOCUMENTS DESCRIBED FOR YOUR DISCOVERY REQUESTS): remic-brief-with-exhibits-and-bkr-decision-champerty-distribution-report-appraisal-reduction-event

New York Sues UBS on Policy and Pattern of Deception in Auction Rate Securities ubs1

QUIET TITLE

Queens County, New York Deutsch Bank Case: Here is One that I think could be easily overturned. For one thing, there was no trustee, for another, the trustee was the plaintiff, and for another, there is no trust agreement in evidence:

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